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JOURNAL OF THE SENATE

NUMBER TWENTY-TWO.

Senate Chamber, Lansing, Tuesday, February 17, 1925.

2:00 o'clock p. m.

The Senate pursuant to adjournment and was called to order by the President.

Rev. T. G. R. Brownlow of the Michigan Avenue Methodist Episcopal church of Lansing offered prayer.

The roll of the Senate was called by the Secretary.

Present: Senators Atwood, Baxter, Bohn, Brower, Butler, Bernie L. Case, Condon, Gansser, Gettel, Greene, Herald, Herrick, Hinkley, Horton, Howarth, Hunter, Karcher, Leland, Martin, Pearson, Penney, Quinlan, Truettner, Whiteley, Wilcox, Wood, Woodruff, Young-28; a quorum.

Absent with leave: Senators William L. Case and Cummings-2.

Absent without leave: Senator Bahorski-1.

Mr. Penney moved that the absentee without leave be excused from today's session.

The motion prevailed.

Presentation of Petitions.

Petition No. 96. By Mr. Young. Petition of Leon Miner and seven other citizens of Ingham County favoring amendment regarding sheriff's succession in office.

The petition was referred to the Committee on State Affairs.

Petition No. 97. By Mr. Herrick. Petition of Montcalm County Pomona Grange opposing ratification of Child Labor Amendment. The petition was referred to the Committee on Labor.

Petition No. 98. By Mr. Young. Petition of Women's Historical Club favoring Child Labor Amendment.

The petition was referred to the Committee on Labor.

Petition No. 99. By Mr. Condon. Petition of Edward Strause and seventeen other citizens of Stanton, Michigan, opposing Garnishment Bill. The petition was referred to the Committee on Judiciary.

Announcements by the President.

The President presented a communication from the Mayor of Philadelphia urging participation by the State of Michigan in the sesqui-centennial exhibition to be held at Philadelphia, beginning June 14, 1926.

The communication was referred to the Committee on State Affairs.

Messages from the House.

A message was received from the House of Representatives transmitting
House bill No. 105 (file No. 29), entitled

A bill to amend Act No. 255 of the Public Acts of 1909, entitled "An act to protect benevolent, humane, fraternal or charitable corporations in the use of their

names and emblems and providing penalties for the violation thereof," being sections 10638 to 10641 inclusive, of the Compiled Laws of 1915 by adding a new section thereto to stand as section 2-a,

The message informed the Senate that the House of Representatives had passed the bill, in which action the concurrence of the Senate was requested.

The bill was read a first and second time by its title and referred to the Committee on State Affairs.

A message was received from the House of Representatives transmitting
House bill No. 46 (file No. 30), entitled

A bill to amend section 2 of Act No. 305 of the Public Acts of 1915, entitled "An act to prescribe the duties of the Secretary of the Senate and the Clerk of the House of Representatives during the interim of sessions of the Legislature, to fix their compensation, and to make an appropriation therefor," being Section 18 of the Compiled Laws of 1915, as amended by Act No. 367 of the Public Acts of 1917.

The message informed the Senate that the House of Representatives had passed the bill, in which action the concurrence of the Senate was requested.

The bill was read a first and second time by its title and referred to the Committee on State Affairs.

Reports of Standing Committees.

Mr. Leland submitted the following report:

The Committee on Agriculture respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

Senate bill No. 79 (file No. 41), entitled

A bill to fix standard grades for potatoes, to regulate the packing and sale thereof, to provide for inspection, and to provide penalties for violation.

GEORGE LELAND,

Chairman. The report was accepted. The bill was referred to the Committee of the Whole.

Mr. Pearson submitted the following report:

The Committee on Conservation respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

Senate bill No. 45, entitled

A bill to make appropriations for the Department of Conservation for the fiscal years ending June 30, 1926, and June 30, 1927, for maintenance and operation.

WILLIAM J. PEARSON,

Chairman. The report was accepted. The bill was referred to the Committee on Finance and Appropriations.

Mr. Pearson submitted the following report:

The Committee on Conservation respectfully reports back to the Senate the following entitled bill, without amendment, and with the recommendation that the bill do pass:

Senate bill No. 35, entitled

A bill to make appropriations for the Mackinac Island State Park Commission for the fiscal years ending June 30, 1926, and June 30, 1927, for maintenance and pperation.

WILLIAM J. PEARSON,

Chairman. The report was accepted. The bill was referred to the Committee on Finance and Appropriations.

Mr. Hunter submitted the following report:

The Committee on Rules and Resolutions respectfully reports back to the Senate the following entitled concurrent resolution, without amendment, and with the recommendation that the resolution be adopted.

House concurrent resolution No. 5.

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A concurrent resolution protesting against the unlawful abstraction of the waters of Lake Michigan by the Sanitary District of Chicago, or any other person or agency.

GEORGE G. HUNTER,

Chairman. The report was accepted. The resolution was then considered and adopted.

Pursuant to the provisions of the resolution, the President appointed Senators Pearson and Atwood as members of the Committee on the part of the Senate.

Introduction of Bills,

Mr. Wood introduced
Senate bill No. 100, entitled

A bill to amend section 9 of Act No. 392 of the Local Acts of 1891, entitled "An act to provide salary of and for appointment of clerks for the circuit court commissioners of Wayne county,” as added by Act No. 449 of the Local Acts of 1907.

The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Judiciary.

Mr. Wood also introduced
Senate bill No. 101, entitled

A bill to amend section 1 of Act No. 204 of the Public Acts of 1893, entitled "An act to create a board of jury commissioners, consisting of seven persons for courts of record in the county of Wayne, and to repeal Act No. 95 of the Public Acts of 1887, as amended by Act No. 42 of the Public Acts of 1891, and all other acts and parts of acts contravening the provisions of this act," as last amended by Act No. 141 of the Public Acts of 1923.

The 'bill was read a first and second time by its title, ordered printed, and referred to the Committee on Judiciary.

Mr. Hunter introduced
Senate bill No. 102, entitled

A bill to amend section 1 of Act No. 213 of the Public Acts of 1915, entitled "An act to provide for a presiding circuit judge and for the manner of his selection, to prescribe his powers and duties and to defray the expenses incident thereto," being section 14546 of the Compiled Laws of 1915.

The bill was read a first and second time by its title and referred to the Committee on Judiciary.

Mr. Gettel introduced
Senate bill No. 103, entitled

A bill to amend section 14 of Act No. 206 of the Public Acts of 1893, entitled "An act to provide for the assessment of property and the levy (and collection) of taxes thereon, and for the collection of taxes heretofore and hereafter levied; making such taxes a lien on the lands taxed; establishing and continuing such lien, providing for the sale and conveyance of lands delinquent for taxes, and for the inspection and disposition of lands bid off to the State and not redeemed or purchased; and to repeal Act No. 200 of the Public Acts of 1891, and all other acts and parts of acts in anywise contravening any of the provisions of this act," being section 4008 of the Compiled Laws of 1915, as amended by Act No. 163 of the Public Acts of 1923.

The bill was read a first and second time by its title, and referred to the Committee on Taxation.

Mr. Young introduced
Senate bill No. 104, entitled

A bill to regulate the hours of labor of employes in the fire departments of municipalities, and providing penalties for the violation thereof.

The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Labor.

Mr. Herald introduced
Senate bill No. 105, entitled

A bill abrogating the common law disability of married women in so far as to make and render them competent to enter into any engagement, transaction or contract the same as if unmarried, and repealing all acts or parts of acts contravening the provisions of this act.

The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Judiciary.

Mr. Herald also introduced
Senate bill No. 106, entitled

A bill to amend section 5 of Act No. 179 of the Public Acts of 1891, entitled, as amended, “An act to establish, protect and enforce by lien the rights of mechanics and other persons furnishing labor or materials for the building, altering, improving, repairing, erecting or ornamenting of buildings, machinery, wharves, and all other structures, and the building and repairing of sidewalks, and wells, and to repeal all acts contravening the provisions of this act,” being section 14800 of the Compiled Laws of 1915.

The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Labor.

Mr. Hinkley introduced
Senate bill No. 107, entitled

A bill to authorize and direct the State Highway Commissioner to lay out and establish a trunk line highway commencing at the junction of trunk line 10 at the place now known as Wheatville, Genesee County; thence in a northerly direction through the easterly portion of the city of Flint, following the most feasible route; thence northerly and northwesterly, joining trunk line 10 in the vicinity of Mount Morris.

The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Highways.

Mr. Hinkley also introduced
Senate bill No. 108, entitled

A bill to authorize and direct the State Highway Commissioner to lay out and establish a trunk line highway commencing at a point south of Clarkston at the junction of trunk line 10, Independence Township, Oakland County; thence running north through Clarkston and Ortonville, Oakland County; Goodrich, Davison and Otisville, Genesee County; Millington and Vassar, Tuscola County; thence in a northwesterly direction on the so-called Tuscola road to its junction with trunk line 81 in Tuscola County.

The bill was read a first and second time by its title, ordered printed, and referred to the Committee on Highways.

Third Reading of Bills.
The following entitled joint resolution was read a third time:
Senate joint resolution No. 2 (file No. 31), entitled

A joint resolution proposing an amendment to Article VIII of the State Constitution by adding thereto a new section to stand as section 31, with reference to the creation of metropolitan districts.

Pending the taking of the vote on the passage of the joint resolution,
Mr. Woodruff offered the following amendment:

Section 31, lines 22 and 23, after the word “Township", strike out “or portion thereof within such district,".

The amendment was seconded, a majority of the Senators present voting therefor.

The amendment was then considered and agreed to, a majority of all the Senators-elect voting therefor.

The question then being on the passage of the joint resolution the roll was called and the Senators voted as follows:

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So, two-thirds of all the Senators-elect having voted therefor,
The joint resolution was passed.
The Senate agreed to the title of the joint resolution.

The following is the joint resolution as it passed the Senate:

Senate joint resolution No. 2 (file No. 31), entitled

A JOINT RESOLUTION

Proposing an amendment to Article VIII of the State Constitution, by adding thereto a new section to stand as section 31, with reference to the creation of metropolitan districts.

Resolved by the Senate and House of Representatives of the State of Michigan, That the following amendment to Article VIII of the Constitution of this state, to be known as section 31, is hereby proposed and agreed to, that is to say, that a new section be added to Article VIII of the Constitution to stand as section 31 and to read as follows:

Sec. 31. The Legislature shall by general law provide for the incorporation by any two or more cities, villages or townships, or any combination or parts of same, of metropolitan districts comprising territory within their limits for the purpose of acquiring, owning and operating either within or without their limits as may be prescribed by law, public utilities for supplying sewage disposal, drainage, water, light, power or transportation, or any combination thereof, and any such district may sell or purchase, either within or without its limits as may be prescribed by law, sewage disposal or drainage rights, water, light, power or transportation facilities. Any such districts shall have power to acquire and succeed to any or all of the rights, obligations and property of such cities, villages and townships respecting or connected with such functions or public utilities: Provided, That no city, village or township shall surrender any such rights, obligations or property without the approval thereof by a majority vote of the electors thereof voting on such question. Such general laws shall limit the rate of taxation of such districts for their municipal purposes and restrict their powers of borrowing money and contracting debts. Under such general law, the electors of each district shall have power and authority to frame, adopt and amend its charter upon the approval thereof by a majority vote of the electors of each city, village and township voting on such question, and, through its regularly constituted authority, to pass all laws and ordinances relating to its municipal concerns, subject to the Constitution and general laws of this State.

Resolved further, That the foregoing proposed amendment be submitted to the people of this State at the election to be held in the month of April in the year 1925. The Secretary of State is hereby required to certify said proposed amendment to the clerks of the various counties of the State in the manner required by law. It shall be the duty of the board of election commissioners of each county to prepare ballots for the use of the electors when voting on said proposed amendment, which ballots, after setting forth the proposed amendment in full, shall be in substantially the following form:

"Vote on amendment to Article VIII of the State Constitution.

Shall Article VIII of the State Constitution be amended by adding thereto a new section to stand as section 31 for the purpose of creating metropolitan districts?

Yes ( )
No ( )."

The following entitled bill was read a third time:
Senate bill No. 78 (file No. 40), entitled

A bill to amend section 1 of Act No. 104 of the Public Acts of 1923, entitled "An act to provide for, and to authorize the filing of notices of federal tax liens by the United States of America in the office of the register of deeds in the various counties of this State, pursuant to section 3186 of the Revised Statutes of the United States," approved May 2, 1923.

The question being on the passage of the bill, the roll was called and the Senators voted as follows:

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